Welcome to McKinley Irvin. In 2009 McKinley Irvin will open a Dallas office. This page and others like it have been added to our website to help Texas become familiar with our services as we prepare for our Dallas clients.
If you have any questions or would like to know more about us before our Dallas location opens, please don't hesitate to let us know.
Dallas and Dallas County child support attorneys practice primarily in the Family Courts in Dallas County. As child support must be determined before the issuance of any family law final order (whether it is a divorce decree, legal separation, or paternity order), it is a very common process. But, despite its commonality, Dallas County child support attorneys understand that arriving at a fair result for child support is important to all parties (both the parents and children). Under Texas State child support law, in any family law case where children are involved and where they will not be living with either one or both parents, child support must be decided. In divorce (dissolution) action or legal separation actions, Dallas County child support attorneys will analyze initial child support claims as well as any future modifications to child support. Additionally, Dallas County child support attorneys will defend against service of a child support claim or modification; for in many cases, the process of determining the income of the spouse required to pay may prove to be difficult. Child support arises in many different suits (not just a dissolution action), for this reason Dallas county child support lawyers must understand the nuances and intricacies of all types of family law claims, where child support may be in issue, and where these claims must be filed. Because child support is a part of many actions, a good Dallas County child support attorney must also know the process and procedures required in filing a variety of actions and the litigating them.
Although child support is mandated by Texas child support statutes and has mandatory schedules for the amount of child support to be paid (determined on net resources of the spouses and the number of children to be supported), the trial judge retains discretion. In certain cases where the judge departs from the mandated amount of child support to be paid (based on net income of spouses and number of children), he or she must give a written decision for the departure. The Judge may use factors such as wealth, debt, income from business earnings, or underemployment or unemployment. A Dallas County attorney may frequently encounter situations where underemployment/unemployment is alleged; they must understand how to prove voluntary underemployment/unemployment. They must also know and understand the child support laws which allow the court to impute income to the other party. In other cases, a Dallas County child support attorney may handle cases where income is harder to prove. In cases like these, a good Dallas County child support lawyer will understand the vital role of discovery in enabling them to gain access to financial records of the other party. The processes for imputation and discovery are vital knowledge to Dallas County child support lawyers; this enables them to ensure the procedures ordered by the court and the findings found by the court are done fairly and in accordance with the Texas child support statutes.
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Exclusively Family Law Lawyers Dedicated to Client Success. This website is provided for informational purposes only and is not intended to convey legal advice.
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